Agenda and minutes

Venue: Number One Riverside, Smith Street, Rochdale, OL16 1XU

Contact: Janine Jenkinson  Senior Governance and Committee Officer

Items
No. Item

12.

Apologies

To receive any apologies for absence.

Minutes:

Apologies for absence were received from Councillor Shakil Ahmed and Councillor Billy Sheerin.

13.

Declarations of Interest

Members are required to declare any disclosable pecuniary, personal or personal and prejudicial interests they may have and the nature of those interests relating to items on this agenda and/or indicate if S106 of the Local Government Finance Act 1992 applies to them.   

Minutes:

There were no declarations of interest.

14.

Items for Exclusion of Public and Press

To determine any items on the agenda, if any, where the public are to be excluded from the meeting.

Minutes:

There were no items for exclusion of press and public.

15.

Urgent Items of Business

To determine whether there are any additional items of business which, by reason of special circumstances, the Chair decides should be considered at the meeting as a matter of urgency.

Minutes:

There were no items of urgent business received.

16.

Minutes pdf icon PDF 262 KB

Members are requested to approve the Minutes of the Meeting held on the 9th June 2022.

Minutes:

That the minutes of the Rochdale South Township Committee held on the 9th June 2022 be approved as a correct record.

17.

Open Forum

Half an hour has been set aside for members of the public to raise any Public Document Pack issues relevant to the business of the Committee and the Township.

Minutes:

No members of the public were in attendance and no items were raised in the open forum.

18.

Prevention Strategy and Helpline

To consider a presentation of the Public Health representative on Rochdale Borough’s prevention strategy and a new helpline service.

Minutes:

The item was withdrawn as the officers were unable to attend. The item would be rescheduled for the next Rochdale South Township meeting.

19.

Claim of Footpath from Charter Street to Kingsway, Rochdale to the West of Lowerplace Playing Fields pdf icon PDF 2 MB

To consider a report of the Rights of Way Officer.

Minutes:

The Committee considered a report from the Rights of Way Officer regarding an application for the claim of footpath from Charter Street to Kingsway, Rochdale, to the West of Lowerplace Playing Fields received under section 53(5) of the Wildlife and Countryside Act 1981.

 

The Rights of Way Officer advised that under section 130 of the Highways Act 1980, the council had a duty to protect and assert the rights of the public to the use and enjoy any highway defined on the map of rights of way and supporting statements.

 

Under section 31 of the Highways Act 1980, the criteria that the way over land actually enjoyed by the public, as of right and without interruption for a full period of 20 years, shall be deemed to have been dedicated as a public right of way, unless there was sufficient evidence that there was no intention to dedicate the way for public use.

 

As detailed in the report, the Committee was informed that although the application contained 12 supporting evidence forms from members of the public, the evidence forms were not considered sufficient  under the Highways Act for a Definitive Map Modification Order, to evidence  that the landowner had not intended to dedicate the way as a right of way, that it was disputable that the claimed route had been used for the required period of 20 years or more and that some of the evidence was considered to be ‘leading’. The Rights of Way Officer advised that the applicant was not willing to be interviewed regarding their Rights of Way claim. The applicant also did not attend the meeting.

 

The Committee was informed that there were additional concerns from the council’s Education Service that the claiming of the footpath, which would run between primary school buildings, would contravene their statutory duties to ensure the safeguarding of the pupils at Lowerplace Primary School. It was noted that these concerns cannot form the basis of refusing the application and the decision should be determined by the relevant legislation governing Rights of Way claims.  However the significance of the safeguarding responsibilities in this circumstance should not be dismissed when considering all of the evidence.

 

Members considered the report and discussed the route of the footpath from Charter Street to Kingsway, noting that there was a safe alternative route consisting of an adopted highway footpath approximately 298 metres from the access to the school on Charter Street around to the access on Kingsway.

 

It was raised by some Members that this was not the first time that residents in the area had voiced concerns about footpath accessibility between Charter Street and Kingsway and there were underlying issues with the existing public footpaths maintenance which could be looked into. The Rights of Way Officer advised that it would have to be confirmed if the footpaths in question were council owned before any possible remedy works could be considered. 

 

Alternatives considered:

There were no alternatives for the Council to proceed with this application. The applicant  ...  view the full minutes text for item 19.

20.

Proposal for Township based and funded environmental deployable CCTV pdf icon PDF 144 KB

To consider a proposal for Township based and funded environmental deployable CCTV.

 

Minutes:

The Committee considered the report of the Environmental Management Officer for the proposal for Township based and funded environmental deployable CCTV.


The Environmental Management Officer advised that fly tipping nationally and locally was a significant problem and a strategy had been prepared to tackle fly tipping in the borough along with an action plan. Rochdale South Township Committee had committed £4,527 towards deployable CCTV cameras. Environmental Management instead propose to finance an additional deployable CCTV camera in order to extend the trial. The camera would be deployed to hotspot areas within the borough using the data gathered through an operational system (Alloy).

 

The Committee was informed that early feedback from the trial included:

·         Deployable units provided relief from fly tipping in hotspot areas with a notable drop off in fly tipping within the sight line of the units.

 

·         That when units were removed there was s relief from fly tipping initially, although in some instances there was a spike where those who had been deterred noticed the absence of the unit and took the opportunity to fly tip immediately.

 

·         That effective use of deployable CCTV was resource intensive.

 

·         That most fly tips caught by the units had demonstrated wilful tipping by local residents who have taken precautions not to get caught, for example concealing their identity, not tipping near their own property or tipping at night.

 

·         That it was unlikely CCTV would generate income in fines from enforcement action at such a level as to be cost neutral due to the deterrent effect.

 

The Environmental Management Officer advised that part of the trial had stalled as the deployable CCTV camera was required to be moved to combat behaviour in other areas of the borough and it had not yet been possible to redeploy the camera. As the camera had to be fixed to a street lighting column, it was a legal requirement that the deployment of the camera must be completed by Street Lighting or the Contractor and neither had been available to carry this out. Members were informed that Environmental Management would like to investigate other models of CCTV camera that could be procured which would allow the deployment, management and maintenance of the cameras to be completed within Environmental Management.

 

The Committee discussed the council’s Fly Tipping Strategy and questioned the Environmental Management Officer regarding its progress and delivery.

 

Members noted that significant schemes for the Township and the borough should be costed and funded within the service and not through applications to Township funds.

 

Alternatives Considered:

That the £4,527 funds not be de-committed back to Rochdale South Township Funds and remain with Environmental Management.

 

Resolved:

1.    That the £4,527 funds be de-committed from Environmental Management for the deployable CCTV camera scheme and the money returned to the Rochdale South Township Funds.

 

2.    That the deployable CCTV camera trial continue with the existing camera and that Environmental Management finance an additional CCTV camera to extend the trial.

 

3.    That the Senior Highways Officer communicate with the Street Lighting  ...  view the full minutes text for item 20.

21.

Appointments to the Norman Barnes Fund pdf icon PDF 107 KB

To consider the appointment of Trustees to the Norman Barnes Fund.

Minutes:

The Township Committee considered a report that requested Members appoint three Trustees to the Norman Barnes Fund as the term of office of the current Trustees had expired.

 

The Norman Barnes Fund is a charitable fund for the welfare of the elderly in the area of the former County Borough of Rochdale, applicants to the fund must be aged over 60 years old and live in Rochdale, Castleton, Norden or Bamford.

 

Members were informed that in accordance with the Trust Deed, appointments are made by the Council (the Rochdale North Township Committee and Rochdale South Township Committee) and that two nominative Trustees would be appointed from Rochdale North Township, and three nominative Trustees would be appointed from Rochdale South Township, for a period of four years each.

 

Alternatives Considered:

There were no alternative options. If Trustees were not appointed, meetings of the Trust may not be quorate and applications for funding could not be considered.

 

Resolved:

1.    That Councillor Philip Massey, Councillor Billy Sheerin and Mrs Jane Gartside be appointed as Trustees to the Norman Barnes Fund for a period of four years each.